Facts
The Association against Animal Factories (VgT) intended to broadcast a television commercial in January 1994, which was to draw attention to "cruel animal husbandry" and promote a reduction in meat consumption. "publisuisse SA" rejected this, as the spot violated Art. 14 of the Radio and Television Ordinance and their general terms and conditions. The VgT unsuccessfully appealed to the Independent Complaints Authority for Radio and Television, the Federal Office of Communications and the Federal Department of Transport, Communications and Energy.
The Federal Court dismissed a administrative law appeal by the VgT, insofar as it was entertained. The European Court of Human Rights found that Switzerland had thereby violated Art. 10 ECHR and awarded the VgT compensation of Fr. 20'000.--.
The VgT subsequently requested that the judgment of 20 August 1997 be revised and its previous administrative law appeal now be approved.
Considerations
The Federal Court considers that the revision of a decision of the Federal Court is admissible under Art. 139a FJA if the European Court of Human Rights has upheld an individual complaint due to a violation of the Convention and reparation is only possible in this way.
The Federal Court has also found that the revision under Art. 139a FJA is generally excluded if only material interests are at stake and the Convention violation can only be remedied by compensation. The question of "just satisfaction" for the established impairment of the Convention rights is to be settled directly by the Court in this case.
The Federal Court has also found that the…